Is it likely that I will be awarded the money for my civil small claims case?
So I let someone is my unit make me a deal. He wanted my 2001 BMW for $6000 but didn't have it all at once, so he was going to give me monthly payments of $440 until we deploy then he'd give me what's left after we came back. He has only given me $220 and it had been 3 months. So I went to take my car back and had the police show up, but they said it was a civil matter and couldn't take the keys away. So he got pissed and ripped stuff he paid for and added to the car off since he was losing (spent money on aftermarket part instead of paying me) then he about destroyed the vehicle. It's being check now by a mechanic to estimate repair cost. My question is how likely is it that I'll be awarded money for damages to the vehicle. I'm not trying to get it brand new but just to the spot that I have it to him. Is there a chance I'll get the 1100$ that he owes in payments?
- 3 years agoFavorite Answer
Outcome depends on who has title to the car and whether you have a written contract.
If he has title and you do not have a contract showing the payment schedule, you will get nothing.
If he has title and you have a signed written contract showing the payment schedule, you should be able to collect what you are owed.
If you still have title you can reclaim the car. It is possible that you can claim back the damage but you would need some evidence both of prior condition (photos) and that he was the one that did this.
You will not get both the car and the $1,100, stop and think about it.
EDIT: Title still in your name means that you should collect the car and then go after him for the damage he did to your car. Contract is not relevant, you are reclaiming the car.
- David SLv 73 years ago
There is a very good chance that you will be awarded the payments he failed to make. I think you'll also have no problem convincing a judge that he should have to pay for the damage he caused.
- 3 years ago
If he damaged the vehicle and you own it, then he will pay.
If you got the car back, you probably wont' get the payments. Did you have a written contract?